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Imkie v. Methodist Hospital

In two issues in her original appellant's brief, appellant contends the trial court erred by granting the no-evidence motion for summary judgment filed by appellee and by denying her motion for a new trial. Houston's 1st Court of Appeals concluded that the trial court properly granted the motion for summary judgment and did not abuse its discretion by denying the motion for new trial. Houston's 1st Court of Appeals, No. 01-08-00831-CV, 09-15-2010

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OPINION ON REHEARING

Appellant, Marwa Imkie, filed a motion for en banc reconsideration of our opinion on rehearing issued June 24, 2010 that upholds a summary judgment rendered in favor of appellee, The Methodist Hospital (hereinafter “Methodist”). Having received a response from Methodist, we withdraw our June 24, 2010 opinion and judgment, and issue this opinion and judgment in their stead. Because we withdraw our June 24, 2010 opinion, Imkie’s motion for en banc reconsideration is rendered moot. See Brookshire Brothers, Inc. v. Smith, 176 S.W.3d 30, 33 (Tex. App.–Houston [1st Dist.] 2004, pet. denied) (op. on reh’g) (noting that motion for en banc reconsideration becomes moot when motion for rehearing is granted and new opinion and judgment issue). In two issues in her original appellant’s brief, Imkie contends the trial court erred by granting the no-evidence motion for summary judgment filed by Methodist and by denying her motion for a new trial. We conclude that the trial court properly granted the motion for summary judgment and did not abuse its discretion by denying the motion for new trial. We affirm the ruling of the trial court.

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